63. Matters to which the duty of disclosure does not apply.

There is no duty to disclose matters which are already known to the buyer, but the seller must ensure that the buyer has actual knowledge of such matters and cannot assume that a matter is within the buyer's knowledge. Even where an incumbrance is contained within one of the title deeds supplied to the buyer with the draft contract or appears on the register in registered land, the buyer's knowledge of the incumbrance cannot be assumed and the seller should take steps, whether by inclusion of a contractual condition or otherwise, specifically to draw the defect to the buyer's